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HomeMy WebLinkAbout14-City Administrator c DATE 8/89/84 18/18/84 1Icl/18/84 11/88/84 11/88/84 11/88/84 l2/17/84 l2/17/84 - o o RESERVE SEWER CAPACITY RIGHTS REPORT June 3, 1985 Bought Bought Sold - Devonshire Corp. Sold - John Winters Sold - Enrique Portillo Sold - Ignacio Gonzales Sold - Lonnie M. Dunn III Sold - AJJT. Builders & Newport Dev. 12/17/84 Policy Passed 12/21/84 1/1cl4/85 1/88/85 2/84/85 2/15/85 2/25/85 3/15/85 3/21/85 3/29/85 4/11/85 4/12/85 4/29/85 5/13/85 5/14/85 5/15/85 5/15/85 5/22/85 Sold - Vivian Macon Sold - Rodo1fo E. Robles Sold - Patrick McSherry Sold - Delta Development Sold - Ralph Affaitati Const. Co. Sold - J. Alfaro Sold - H. N. Ha Sold - Verda Kelly Sold - J. Refold Dev.Co. Inc. Sold - Nickolas Reiter Sold - Ignacio Montano Sold - Don Valk Sold - Silverwood & Co. Sold - Bryce Parker, Inc. Sold - Gary & Sharon Smith Sold - Andrew Barmakian Sold - J. R. Davis SEWER CAPACITY RIGHTS 888- 788- 118- 21- 2- 1- 3- 35- 1- 2- 22.5_ 26.1- 1.6- 1- 1- 1- 1.5- I- I- 1.29 172.5 .2 1.8 38.25 22.5 Inquiries - awaiting applications 138.75 Will apply for density bonus - no applications 475.25 Inquiries - no applications (over 98 days old) 928 RDA (888) LOMA LINDA (988) EAST VALLEY WATER DISTRICT (888) TOTAL ISSUED 156.65 -8- .32 $ ( 984,888-) (1,845,888-) (1,689,988-) (1,668,298-) (1,657,478-) (1,656,868-) (1,651,838-) (1,682,488-) (1,61cl1,878-) (1,598,258-) (1,566,525-) (1,529,724-) (1,527,468-) (1,526,858-) (1,524,648-) (1,518,383-) (1,522,533-) (1,521,123-) (1,519,713-) (1,516,484-) (1,273,259-) (1,272,977- ) (1,271,567-) (1,217,634-) (1,185,989-) 91'll.81 426.56 (493.4) ,0 BALANCE 888- 1,580- 1,398- 1,369- 1,367- 1,366- 1,363- 1,328- 1,327- 1,325- 1,382.5- 1,276.4- 1,274.8- 1,273.8- 1,272.8- 1,268.3- 1,271.3- 1,278.3- 1,269.3- 1,267.1cl1 1,894.51 1,894.31 1,893.3l 1,855.86 l,832.56 BALANCE 643.35 988 718.83 Prepared May 24, 1985 /16 o Cj o o DEPAa'DWIT OF INDUSTRIAL RELATIONS NOTICE OF PUBLIC IlBAaING TO CONSIDKIt REVISIONS TO REGULATIONS IN TITLE 8. GIWUP 3 OF THE CALIFORNIA AJ>>fDlISTRATIVE CODE. AaTICLES 1-6 CONCERJlING THE PAYMENT OF PREVAILING WAGES ON PUBLIC WORXS PIlOJECTS NOTIC~ ia hereby given that the Director of the Department of Induetrial Kelations (DIK) of the State of California hereby proposea to adopt and amend regulations in Title 8, Chapter 8, Group 3, Articlea 1-6 of the California Adminiatrative Code purauant to the Director'a authority in Labor Code Section 1773.5. to implement, interpret and make specific Labor Code Sectione 1720 through 17HO and IHI0 through IH61. Hearing Scheduled. VIK will hold a public hearing on the following dates and locations to receive pUblic commenta on the proposed regulationa: On June 17, and IH, 19H5 at 10:00 a.m. in Room 1138 of the California State Building, 107 South Broadway, Los Angelea, California; and On June 24, and 25, 19H5 at 10:00 a.m. in Room 1194 of the California State Building, 455 Golden Gate Avenue, San Franciaco, California. These facilities are accessible to persons with mobility impairmenta. Presentation of Oral and Written Comments. Any interested person at the hearing may present atatements, arguments, or Con- tentions orally, in writing, or both that are relevant to the propoeed new or amended regulations. Veadline for Written Comments. Persons wishing to submit written comments may submit them to: Barry Carmody, Chief, Division of Labor Statistics and Research. P.O. Box 603, San Franciaco, CA 941U1. Written comments may be hand delivered to DIR, Room 400 C, 525 Golden bate Avenue, San FranCisco, CA. All written comments must be received no later than 5:UU p.m. on Tuesday, June 25, 1985. '-:"1 J_. (I c:JAdOption of Proposed RegUlatio~ o ~ Following the hearing, OIR may adopt the proposed regulations substantially as described in this notice. If modifications are made which are sufficiently related to the originally proposed text, the modified text with the changes clearly indicated shall he made available to the public for at least 15 days prior to the date on which OlR adopts the regulations. Requests for copies of any modified regulations should be addressed to the agency's contact person identified in this notice. DIR will accept written comments of the modified regulations for 15 days after the date on which the modified text was made available. Initial Statement of Reasons, Proposed Text, Rulemaking File. DIR has prepared an initial statement of reasons for each proposed action, and has available, upon request, both the expressed terms of each proposed action in a strikeout/underline format, and the location of the rulemaking file containing all the information upon which the proposals are based. Contact. Requests for copies of the propoaed regulations or the initial statement of reasons, questions concerning the proposed action or the hearings, and requests to review the rulemaking file at DIR between 8:30 a.m. and 4:30 p.m. Monday through Friday should be directed to: Jim Roeckel, Research Manager, Prevailing Wage Unit Office, Division of Labor Statistics and Research. Room 405, 525 Golden Gate Avenue, San Francisco, CA 94101, or at (415) 557-0561 by telephone. Local Mandate. The proposed regulations do not impose any mandates to local agencies or school districts. Fiscal Impact. Costs or Savings to Local Agencies and School Districts: Minor savings due to cost reimbursement of reproduction costs for producing certain documents. However, this reimbursement is not pursuant to Section 2231 of the Revenue and Taxation Code. Cost or Savings to State Agencies: Minor savings due to cost reimbursement of reproduction costs for producing certain documents. Impact on Housing Costs: The proposed regulations will not significantly affect housing costs. Impact on Small Business: The proposed regulations will not have a significant adverse economic impact on small businesses. Cost Impact on Private Persons or Entities: The proposed regulations will not require private peraons or entities to incur additional costs in complying with the proposed regulations. Federal Funding to the State: No impact. Nondiscretionary cost or saving: The proposed regulations will not impose any nondiscretionary cost or saving to local agencies. .5J -2- c ~ORMATrVE DrGEO o Proper authority and reference citations are proposed to be added at the end of each numbered section. 1. Article 1. Definitiona . Section 16000. Definitions Existing Sections 16000, 16001, 16002, 16003, 16004, 16005, 16006, 16008, 16009, 16010, 16011, 16012, 16013, 16014, 16015, 16016, 16017, 16018, and 16019 which define various terms, namely "Director", "Division", "Chief", "Person", "Public Works", "Political Subdivision", "Awarding Body", "Nearest Labor Market Area", "Locality", "Employer Payments", "Prevailing Rate", "General Prevailing Rate of Per Diem Wages", "Intereated Party", "Isaue Date-Issuance", "Maintenance", "Payroll Recorda", "Certified", "Public Entity", and "Contractor-Subcontractor" respectively, used in the existing regulations. are proposed to be merged and alphabetized into one new Section 16000 with the proposed addition of seven more definitions, i.e. "Area of Determination~', "Bid", "Date of Notice or Call for Bids", "Duly Authorized Representative", "Public Funds", "Sheltered Workshop" and "Worker". In addition, it is proposed that existing Section 16007 defining "Filing" be moved to new Article 5, Section 16302. It is proposed to delete definitional language from the terms "Contractor-Subcontractor", "Locality", "Political Subdivision", and "Public Works", and to instead use language which references specific definitions contained in the Labor Code. The effect of these proposed changes will be put in one logically ordered section, definitions for terms used in the proposed regulations and/or commonly used by awarding bodies and contractors. In addition, language which duplicates statute is proposed to be removed from the existing regulations and replaced by reference to statute. It is proposed to make substantive and nonsubstantive changes to definitions in existing Article 1. Substantive changes are proposed to be made to the following existing definitions: Awarding Body is proposed to be amended to include the word "employee" among the list of persons or agencies that could award a contract for public works; add the word "letting" to expand the meaning of the term "awarding"; and to include the word "purchase order" to the types of contracts which could be awarded for public works projects. Chief of DAS, DLSE/Labor Commissioner, and DLSR. These terms define the meaning of the abbreviated division names in the title of "Chief". It is proposed to delete the wording "within the Department of Industrial Relations". The meaning of this term is proposed to be defined under "duly authorized representative". Contractor-Subcontractor. Existing language is proposed to be deleted; replaced by reference to statute. In addition, a new NOTE is proposed to be added which will amend the definition to include "business associate", "joint venture", or "partner". -3- :5 ''::: c DAS, DLSE, DLSR. DLSR. See eXPlaOion for the ter'o:hief ~ DAS, DLSE and o Employer Payments: ~ference to payments made to employees, their families and dependents, and retirees is proposed to be repealed. Existing language, which states that applicable law shall prevail in the event of conflict between existing regulations and statute, is proposed to be repealed. A new subsection (3) is proposed to be added to recognize irrevocable employer payments to training programs authorized by the Labor Code. General Prevailing Rate ~ K!:E. Diem Wages: It is proposed to repeal existing statutory references in the text, and add new language to indicate that employer payments for occupational health and safety research, and the like, shall be as specified in the applicable collective bargaining agreement. In addition, language requiring employer payments to apprenticeship or other training programs is proposed to be repealed, and replaced by a cross reference to the definition of "Employer Payments". Interested Party: The existing definition is proposed to be changed to include any grouping of awarding bodies (an association) or other representative of awarding bodies, as well as a single awarding body, to be an interested party. This change is proposed in order to be consistent with the representation permitted to other interested parties (contractors and workers) in the definition. Maintenance: The existing definition both defines and regulates public works maintenance projects. The text is proposed to be revised to retain the definition portion in this section, to specify the types of maintenance covered or excluded, and to delete explanatory and repetitious statutory language. Specific types of maintenance defined include craft work such as carpentry, electrical, or plumbing, designed to preserve publicly owned and operated buildings; as well as landscape maintenance. The coverage of "touch up" painting in the existing definition is proposed to be reworded to the term "minor repainting", moved from the existing list of excluded maintenance work, and is proposed to be merged into the new subsection (2) which lists types of craft work considered to be maintenance. It is additionally proposed to delete definitional language with respect to landscape maintenance work, and replace it with a reference to the Public Contract Code. An exemption is proposed to be added for landscape maintenance by "sheltered workshops". Nearest Labor Market Area: It is proposed to delete language referring to statute from the existing definition. Payroll Records: It is proposed to delete language referring to statute from the existing definition. Person: The existing definition is proposed to be revised to include a "joint venture", which is two or more firms joining together as one for a specific project. Prevailing Rate: It is proposed to delete language referring to statute from the existing definition. This existing definition is proposed to be -4- ,.-.: ,~ Q revised to address a sitQion where no siQe ("modal") wage rate is foun.o within a locality. New language is proposed to be added to include other employer payments, as defined in proposed Section 16000, as part of the total hourly wage rate from which the prevailing basic hourly wage is derived. Existing language specifying that the rate for holiday and overtime work is the single rate paid to the greater number of workers, is proposed to be deleted. New language is proposed to be added to specify whether or not collective bargaining agreements can be used to determine holiday and overtime rates. Existing language, which states that applicable law shall prevail in the event of a conflict between existing regulation and statute, is proposed to be repealed. The effect of the proposed changes will be to delete unnecessary language, and reword existing and repetitious definitions to clearly state the meaning of commonly used words in the public works contracting process. 2. Article 2. WORK SUBJECT TO PREVAILING WAGES. A new Article 2, Work Subject to Prevailing Wages, is proposed to be added to clarify the general application of state prevailing wages to public works projects. Section 16001. Public Works Subject to Prevailing Wage Law. There are no existing regulations which specify the types of work covered in subsections (b), (c), (d), and (e) of the proposed section. Existing statute specifies public works covered in general--this is addressed by proposed subsection (a). It is proposed to adopt new Section 16001 which would specify that state. prevailing wage rates apply to: all public works specified in Labor Code Sections 1720, 1720.2, 1720.3 and 1771; federally funded or assisted projects when controlled or carried out by state or local governmental agencies; field surveying projects traditionally covered by collective bargaining agreements; residential projects as defined by the 1982 Uniform Building Code for Type V structures; and maintenance public work contracts as set forth in Labor Code Section 1771, and defined in proposed Section 16000 of the regulations. The proposed section will have the effect of clearly informing the public which types of work are covered by prevailing wage laws. Section 16002. Coverage of Worker. Existing Section 16100 Recognized Crafts, sets forth coverage of work under existing statute--Labor Code Sections 1720, 1720.2, 1720.3, and 1771. The following nonsubstantive changes are proposed: It is proposed to renumber existing Section 16100 to new Section 16002; rename the existing title "Recognized Crafts" to a new title, "Coverage of Worker", and make nonsubstantive grammatical revisions. -5- 1;'/ ., Q The proposed changes easily understood by will ~e the effect Of~king the awarding bodies and contractors. regulations more o 3. Article 3. DUTIES, RESPONSIBILITIES. AND RIGHTS OF PARTIES. A new Article 3 is proposed to outline the duties, responsibilities, and rights of the various parties involved in prevailing wage determinations. Some sections of existing Article 2, entitled "Determination of General Prevailing Rate of Per Diem Wages, Requesting and Publishing Determinations", are proposed to be merged into the new Article 3. Most of existing Article 2 is a repetition of statutory language or is unnecessary and is therefore, proposed to be repealed. The remainder of existing Article 2 is proposed to be merged into new Article 4. Section 16100. Dutiea. Responaibilities. and Rights. Existing Section 16100 is proposed to be renumbered and moved to new Section 16002 in Article 2. Existing Section 16207.5 is proposed to be renumbered to new subsection Section 16100 (a), with a nonsubstantive word change proposed to be made. In addition, new subsections (b) and (c) are proposed to be added. New Section 16100 is proposed to outline the specific duties, responsibilities, and rights of (a) the Department of Industrial Relations, (b) awarding bodies, and (c) contract?rs-subcontractors. While most of are scattered organization. group, with a provisions. the responsibilities, duties, and rights are statutory, they throughout Labor Code Sections 1720-1780, with no logical Proposed new Section 16100 brings these together in one listing for each party, and references to the statutory This reorganization will help awarding bodies and contractors in understanding their obligations under prevailing wage law. Section 16101. Discrimination. Existing Section 16101 is proposed to be moved to proposed Article 4 and renumbered to proposed Section 16203. Existing statutes govern nondiscrimination on public works projects in various sections of the Labor Code. New Section 16101 is proposed to reference these Labor Code Sections. No effect on the regulated public. Section Propoaed to be Repealed. Existing Section 16100.], which specifies field surveyor classifications covered by public works law, is proposed to be repealed. This will have no effect on the public, as proposed new subsection 16001(c) in new Article 2 already addresses this area of coverage. -6- Sy c Section 16102. InteresteC:>arty. o o Existing Section 16102. Method of Determination, is proposed to be moved to proposed Article 4, retitled and renumbered as new Section 16200. New Section 16102 in this article, is proposed to be adopted to specify the rights of an interested party to be a source of wage data information under prevailing wage law. This regulation would limit sources of wage information to those interested parties as defined in proposed definitions Section 16000. 4. Article 4. WAGE DETERMINATIONS. Existing Article 4 entitled "Hearings, Procedures, Decision, Miacellaneous" is proposed to be merged into proposed Article 5. New Article 4 is proposed to incorporate much of existing Article 2 with both substantive and nonsubstantive changes, and proposed to be retitled to reflect the content of proposed changes. Section 16200. General. Existing Sections 16102, 16103, 16104, and 16105 are proposed to be renumbered to new Section 16200, with nonsubstantive changes proposed to existing Sections 16102 and 16104. In addition, substantive changes are proposed to be made to existing Sections 16103 and 16105. New subsections (b), (c), and (d) are proposed to be added to new Section 16200 to list in one section additional factors that the Director will consider in determining prevailing wage rates. 16200(a). Collective Bargaining Agreementa. Existing Section 16102, which specifies the statutory procedures which the Director follows in making a prevailing wage determination, is proposed to be retitled and renumbered to new Section 16200, with nonsubstantive grammatical revisions proposed to be made. 16200(a)(1). Filing of Collective Bargaining Agreements. Existing Section 16103, which sets forth the procedures by which collective bargaining agreements should be filed with the Department for consideration by the Director in determining the prevailing wage rate, is proposed to be renumbered to new subsection 16200(a)(1), with nonsubstantive grammatical revisions proposed to be made to the text. The proposed changes to this subsection will have no effect on the regulated public. 16200(a)(2). Criteria for Using Collective Bargaining Agreement Wage Rates as Basia of Prevailing Wage Determinationa. There are no existing regulations which specify the criteria for using collective bargaining agreements as a basis for determining the prevailing wage rate. A new subsection (a)(2) is proposed to be added to new Section 16200 which will list the factors which will be considered when this occurs. These factors include geographical area, number of workers covered -7- f) C) c by the agreements, number of~rkers employed ~Signatory parties agreement in a geographical area, work performed in the geographic the past year, and Federal wage rates. to the area in o The effect of the proposed substantive changes to this subsection will be to clearly inform all interested parties, as defined in proposed Section 16000, which factors are considered when the collective bargaining agreement wage rate is used as the basis of a prevailing wage determination. 16200(a)(3)(A) and (C). Adoption of Collective Bargaining Agreementa. Existing Section 16105, which lists the functions and responsibilities of the Director with respect to the adoption of a collective bargaining agreement rate, and adjustments made to the rate, is proposed to be retitled and renumbered to new subsection 16200(a)(3), with nonsubstantive grammatical changes proposed to be made to newly renumbered subsection 16200(a)(3)(A), [existing subsection 16l05(a)] which addresses the publication of the general prevailing rate of per diem wages; and to newly renumbered subsection 16200(a)(3)(C) [existing subsection 16105(c)], which specifies the methods and means by which changes can be made to the adopted wage rate, when those changes are not definite or predetermined in the agreement which formed the basis of the Director's wage determination. 16200(a)(3)(B) These proposed nonsubstantive changes will have no effect on interested parties. Substantive language changes are proposed to be made to newly renumbered subsection 16200(a)(3)(B) [existing subsection 16105(b)], which specifies conditions under which the Director will incorporate changes in an adopted rate. A Note is proposed to be added as a reminder that, for any adjustments to a contract which are not contained in the agreement on file with DLSR, a statement must be filed with the Director indicating such changes. The effect of the substantive changes to this proposed subsection will be to clearly state to interested parties, as defined in proposed Section 16000, their obligation to inform DLSR of contract changes. 16200(a)(3)(D)-(1). Subsections 16200(a)(3)(D)-(1), are proposed to be added to new subsection 16200(a)(3) which will permit the Director to include nonwage provisions of collective bargaining contracts in the prevailing wage determinations. These provisions include: 16200(a)(3)(D). Work Rules and Manning Requirements. The effect of this proposed addition will be to clearly state in writing to the public which nonwage provisions of the collective bargaining agreement, adopted as the basis of the wage rate, will be considered and/or included in prevailing wage determinations. -8- hJ () 16200(a)(3)(E). HolidayS~ o o This new subsection is proposed to state that wage determinations listing holidays will include only federal and or state legally recognized holidays listed in the collective bargaining agreement used aa the basis for a rate or determined ~y a wage survey which establishes the rate. The effect of this proposed addition will be to exclude holidays not recognized by Federal or State governments. 16200(a)(3)(F). Overti.e Provisions. This new subsection is proposed to be added to require payment of overtime as specified on wage determinations, with four listed exceptions. This proposed new subsection will have the effect of clearly stating con- ditions under which payment of overtime is not required. 16200(a)(3)(G). Wage Rates and Training Fund Contributions for Apprentices. This new subsection is proposed to be added to specify the manner in which the Director of Industrial Relations determines apprenticeship rates, and lists the three alternatives contractors-subcontractors can use to pay mandatory training fund contributions. This proposed new subsection will have the effect of clearly stating the atandards by which the Director determines apprentice rates, and the procedure which contractors-subcontractors must follow in paying training fund contributions. 16200(a)(3)(H). Rates for Helpers. This new subsection is proposed to be added to specify when rates for helpers will be published, and to address situations in which the helper classification may not be used. This proposed new subsection will have the effect of giving the Director the option of publishing "helper" rates, when such rates are included in a collective bargaining agreement used as the basis of a wage determination. 16200(a)(3)(I). Payment of Cash in Lieu of Employer Payments. Existing regulations do not cover payment of cash in lieu of fringe benefits. This new subsection is proposed to be added to state the criteria for payment of fringe benefits to employees by contractors who are nonsignatory to a collective bargaining agreement or to a trust fund. The effect of the proposed new subsection will be to clarify the obligations of nonsignatory contractors in the payment of fringe benefits shown on wage determinations. 16200(b),(c),(d). New subsections 16200 (b), (c), and (d) are proposed to be added. New subsection 16200(b) is proposed to address the consideration of Federal ratea in determining the prevailing wage rate, as provided by Labor Code Section 1773; subsection 16200(c) refers to data collection where no collective bargaining agreement rates prevail in a locality; and subsection 16200(d) /, J -9- o requires that now listed in o surveys conducted by DLSR the proposed subsection. o shall consider a number of factors o Proposed subsections (b) and (c) will have no effect on regulated public; subsection (d) will clearly state factors considered in determining the prevailing wage rate from wage survey data, and the time period used for a survey. 16200 (e). Other Information. Existing Section 16104, which addresses consideration of other data by the Director in determining the prevailing rate, and lists the type of data needed, is proposed to be retitled and renumbered to new subsection 16200(e) with nonsubstantive grammatical changes made to the text. No effect on regulated public. Section 16201. General Area Determinations. Existing subsection 16107(a) is proposed to be newly titled and renumbered to new Section 16201, with substantive changes proposed to be made to the text to clarify that general area determinations are issued on a "county by county basis", but cover a "large geographical area". A new NOTE is proposed to be added as notification that the Director may issue Interim, as well as quarterly wage determinations. Existing subsection 16107(b) is proposed to be moved to new subsection 16202(a); and existing subsection 16107(e) is proposed to be moved to new Section 16205. The effect of proposed changes to this section will be to clearly inform. the public of the specific geographic coverage of each wage determination, and the frequency of rate publication. Section 16202. Special Determinations. Existing subsection 16107(b), which states that the awarding body may request determinations for wage rates which have not been issued, is proposed to be newly titled and renumbered to new subsection 16202(a), and proposed to be amended to require the awarding body to make such requests at least 45 days prior to bid advertisement date. In addition, new subsection 16202(b) is proposed to be added to specify that any interested party may petition the Director for a special determination if the awarding body has not done so, and to allow the Labor Commissioner to request a special determination prior to the letting of a bid. The effect of this section will be to inform awarding bodies, interested parties, and the Labor Commissioner of their responsibility to request special determinations and/or petition the Director on a timely basis. 16203. Format. Existing Section 16101, which specifies the format which the Director uses for general prevailing wage determinations, is proposed to be renumbered to new Section 16203. The formula/method for calculating the prevailing hourly rate for holiday/overtime work is proposed to be repealed. In addition, nonsubstantive changes are proposed to be made, including renumbering, and new section references to reflect proposed renumbering in other sections of the regulations. ~.,J" -10- () The proposed deletion wilc:)sve no effect o~e public since these rates are converted to an hourly rate and publishe~n the quarterly prevailing wage determinations. o Section 16204. Effective Dates of Determinatione and Rates Within Determinations. Existing Section 16108, which specifies that determinations issued by the Director are effective until their expiration dat~ or until superaeded, and also states that changes made to determinations baaed on information contained in collective bargaining agreements on file with the Department do not affect projects bid less than 30 days after the filing of the agreement, is proposed to be retitled and renumbered to new subsection 16204(a); nonsubstantive grammatical revisions are proposed to be made. In addition, new subsection 16204(b) is proposed to be added to explain the uae of the asterisk (*) notification method to indicate rate changes within a determination to be made at a future given date. The effect of proposed subsection 16204(b) will be to inform interested partiea of the Department's notification procedure for impending rate changes. Section 16205; Procedures for Obtaining Prevailing Wage Determinations. Existing subsection 16107(c), which apecifies the methoda for obtaining a prevailing wage determination, is proposed to be newly titled and renum- bered to new Section 16205. This new aection is proposed to be revised to reflect that special, as well as general, determinations may be requested. The effect of proposed changes will be to specify that requests for special determinations must be confirmed in writing to the Chief of DLSR. Section Proposed to be Repealed. Existing Section 16109, which requires the awarding body to publish wage determinations, have copies on file of all applicable determinations by the Director, and ensure posting of the determinationa on the jobsite, is proposed to be repealed. This deletion will have no effect on the public as the content is incorporated into proposed subsection 16100(b), which addresses this area of coverage. Section 16206. Corrections. Existing Section 16106, which allows correctiona of wage determinationa due to clerical or typographical errors, is proposed to be retitled and renum- bered to new Section 16206 with no revisions to the text. This proposed change will have no effect on the regulated public. 5. Article 5. Petitions to Review Prevailing Wage Determinations. Existing Article 3, entitled is essentially. renumbered to reflect article content. "Delegation of Authority; Petition to Review", Article 5 and retitled to more accurately t) ..0 -11- o Section 16300. Delegation o Authority. o o Existing Section 16200, which delegates'authority to the Chief of DLSR to receive information, gather information by instituting investigations and conducting hearings, and respond to petitions regarding prevailing wage determinations, is proposed to be retitled and renumbered to new Section 16300. Existing subsections 16200(a),(b), and (c) are proposed to be renumbered to new subsections 16300(a)(1), (a)(2), (a)(3), and (a)(4). Substantive changes are proposed to be made to newly renumbered subsection 16300(a)(3). Nonsubstantive revisions are proposed to be made to newly renumbered subsections 16300(a)(1), (a)(2), and (a)(4). . Existing regulations do not grant the Chief of DLSR the authority to issue prevailing wage determinations; currently the Director is required to make all determinations. Changes to new subsection 16300(a)(3) are proposed to expand the Director's delegation of authority to the Chief of DLSR to include that of issuing prevailing wage determinations. In addition, a new subsection 16300(b) is proposed to be added which will set forth the Director's reservation of the right to make all final determinations, in accordance with statute. The effect of proposed changes will be to notify interested parties of the Director's expanded delegation of authority to the Chief of DLSR to issue prevailing wage determinations, subject to review by the Director. Section 16301. Referral of Prevailing Wage Issues to Director's Office. Existing Section 16207.7, which addresses referral of prevailing wage isaues to the Director's office, is proposed to be renumbered to new Section 16301, and revised to reflect the Director's expanded delegation of authority to the Chief of DLSR, as proposed in new Section 16300. The meaning of "prevailing wage issues" are proposed to be expanded to include "any new or unresolved issue other than of a routine nature", as well as "appeals of any determination relating to coverage or to the prevailing wage rate". In addition, language referencing DLSE is proposed to be repealed. The proposed changes will broaden the authority of the Chief of DLSR to include that of issuing wage determinations, although the Director reserves the right to make all final determinations as stated in new proposed subsection 16300(b). The deletion of language referring to DLSE will have no effect on the regulated public. Section Proposed to be Repealed. Existing Section 16207.8, which addresses referral of appeals to the Director's office, is proposed to be repealed. Contents of this section are incorporated into proposed new Section 16301. The effect of this proposed change will be to redirect prevailing wage issues and wage determination appeals away from the Director to the Chief of DLSR. Section 16302. Petition to Review Prevailing Wage Determination. Existing Sections 16007, 16201, 16202, 16204, and 16206, which set forth procedures for filing a petition to review prevailing wage determinations, are proposed to be renumbered and incorporated into new Section 16302, with both substantive and nonsubstantive changes proposed to be made to existing text. , . ' -12- ~1 c:J Existing Section 16201, Whc:l gives intereat~parties the right to petition c:> for the review of prevailing wage determinations within 20 daya of publication of rates, is propoaed to be retitled and renumbered to new Section 16302. In addition, a cross reference to the definition of an interested party, as set forth in proposed Section 16000, ia propoaed to be added. 16302(a). Manner of Filing. Existing Section 16202, which apecifies where to file a petition to review, .ia propoaed to be retitled and renumbered to new aubsection 16302(a). The existing requirement for triplicate copies of petitions is proposed to be deleted; mail and hand delivery of petitiona ia clarified. 16302(b). Filing. Exiating Section 16007, which apecifies that official filing of documents will be upon actual delivery to and receipt by the person, awarding body or division, is proposed to be renumbered and moved to new subaection 16302(b). 16302(c). Contents of Petition. Existing Section 16204, which specifies the required information to be included in a petition to review, is propoaed to be retitled and renumbered to new subsection 16302(c). A new requirement to include the name of the petitioner's attorney or authorized repreaentative is proposed to be added. In addition, nonsubstantive grammatical reviaiona are propoaed to be made. 16302(d). Filing Copy with Awarding Body. Existing Section 16206, which directs the petitioner to file a copy of the petition with the awarding body and with the Chief of DLSR, is proposed to be renumbered to new subsection 16302(d), with nonaubstantive language revisions proposed to be made. The effect of proposed new Section 16302 will be to clearly state in one place all requirements for filing a petition to review. Exiating Section 16007 is currently in the definitiona section, and would be more logically organized in this proposed section. Sections Propoaed to be Repealed. Existing Section 16203 is proposed to be repealed. The exiating section currently specifies the type of paper to be used, requirements for legibility, exhibit identification, and petitioner identification. No effect on the regulated public. Many of these requirements are incorporated in proposed new Section 16302. Existing Section 16205, which states that failure to include a copy of the call for bids may be cause for dismissal of a petition, is proposed to be repealed. No effect of this proposed repeal on the regulated public. Contents of this section are incorporated in proposed aubaection 16302(c)(4). !~ -13- o Section 16303. Quasi-Legi~ive Nature of ~oritY. o A new subsection 16303(a) is proposed to be adopted to address the quasi-legislative ~ature of the Director's authority to'establish i prevailing wages and to clarify the Director's discretion to establ\sh prevailing wages. Any hearing held under this process may be reviewed pursuant to the Code of Civil Procedures Section 1085. . Existing Section 16207 is proposed to be retitled and renumbered to new subsection 16303(b), with nonsubstantive revisions. New subsection (b) addresses the Director's discretion to initate an investigation, hold a hearing or take reasonable action to effectuate the purposes of the law. The proposed changes will clearly state to the regulated public that the Director's authority to establish wage rates is quasi-legislative in nature and enforceable. Section Proposed to be Repealed. Existing Section 16207.1, which allows the Director to act at his discretion in any matter or proceeding under the current regulations, is proposed to be repealed. No effect on regulated public as the intent of the repealed language is proposed to be incorporated in new subsection 16303(a). Section 16304. Hearings Existing Section 16207.2 and 16207.3 are proposed to be retitled and renumbered to new subsections 16304(a) and (b). 16304(a). Hearing Procedures. Existing Section 16207.2, which sets forth hearing procedures, is proposed to be renumbered to new subsection 16304(a). The meaning of "hearing" is proposed to be expanded to include a "petition to review under Labor Code Se ction 177 3.4" . "Notification" is proposed to include "the time and place of the hearing". A statement is proposed to be added to allow or disallow crosa examination of witnesses at the discretion of the hearing officer(s) because the hearings are not conducted under the rules of evidence. 16304(b). Hearing Officer. Existing subsection 16207.3(a) is proposed to be retitled and renumbered to new subsection 16304(b), and is proposed to be amended to allow the Director to appoint a hearing officer(s). 16304(c). Subject Matter. A new subsection 16304(c) is proposed to be added to clarify that hearings may also be initiated by a petition to review a prevailing wage determination. The requirement to send deciaions by certified or registered mail is proposed to be repealed in exiating subsection 16207.3(c) to -14- " /.; ,..;,., o allow the Director to chodC:)the method tha~st ensures delivery of his decision to all interested parties in a timely manner. o 16304(d). Decision. Existing subsections 16207.3(b) and (d), which set forth the manner in which the hearing officer shall conduct the hearing, and the basis upon which the Director shall make a decision, are proposed to be retitled and renumbered to new subsection 16304(d), and nonsubstantive revisions are proposed to be made to existing text. In addition, existing subsection l6207.3(c) is proposed to be repealed. The effect of the proposed changes to the existing sections will be to clearly state that the subject matter of a hearing may be initiated by a petition to review, the Director may appoint a hearing officer, and it is no longer required that decisions of the Director be sent by certified or registered mail. Sections Propoaed to be Repealed. Existing Section 16207.4 is proposed to be repealed as unnecessary aa it refers to public hearings for administrative rulemaking under the Government Code rather than Director's hearings on prevailing wage determination issues. Existing Section 16207.6, which was initially included in the regulations to provide guidance to the public and the Department when the Labor Code was changed to centralize the determination of prevailing wages on public works to the Director of Industrial Relations, is proposed to be repealed. The procedures that were issued in the form of guidelines have been incorporated throughout the proposed regulations. 6. Article 6. Certified Payroll Records: Request, Content. and Coat. The existing title to Article 6 is proposed to be retitled to accurately reflect proposed article content. Section 16400. Request for Payroll Records. 16400(a). Existing Section 16207.10, which outlines the procedures for requesting payroll records, is proposed to be renumbered to new subsection 16400(a), with nonsubstantive changes proposed to be made to the text. No effect on regulated public. l6400(b). Existing Section 16207.11, which enumerates the information needed to process requests for certified payrolls, is proposed to be retitled and renumbered to new subsection 16400(b), and nonsubstantive revisions are proposed to be made to the text to conform with language in proposed subsection 16400(a). Language referring to blanket requests for records is proposed to be made a NOTE; and a substantive language change is proposed to be made to change the criterion for accepting blanket requests from -15- t1 - o requiring separate contract~information to ~ acceptance of a blanket request when contractor-subcontractor responsibilities on the project are not clearly defined. o The proposed section will facilinate the processing of blanket requests for certified payroll records on public works projects. 16400(c). Acknowledgement of Request. Existing Section 16207.12, which requires acknowledgement of requests for payroll records by the public entity receiving such requests, is proposed to be renumbered to new subsection 16400(c). New language requiring the public entity to furnish information on the cost of providing the payroll records is proposed to be added. The effect of this proposed subsection will be to inform persons requesting copies of payroll records that there is a cost associated with furnishing such information. 16400(d). Request to Contractor. Existing Section 16207.13, which specifies the form that the public entity must use in its request for records from the contractor, is proposed to be renumbered to new subsection 16400(d). Existing language is essentially unchanged with the exception of two proposed additions; (d)(3)--reference to proposed Section 16402 with respect to the cost of preparation, and (d)(4)-- a provision for inspection of payroll records in accordance with Labor Code Section 1776. The effect of the proposed subsection will be to inform public entities of their obligation to include specific types of information in their request for payroll records. 16400(e). Inapection of Payroll Records. Existing Section 16207.14, which specifies that inspection of payroll records shall be limited to public entities upon reasonable written or oral notice, is proposed to be renumbered to new subsection 16400(e), with no text changes. No effect on the regulated public. Section 16401. Reporting Payroll Records. Existing Section 16207.15 and 16207.16 are proposed to be renumbered and reorganized to new Section 16401, subsections (a) and (b), respectively. 16401(a). Reporting Format. Existing Section 16207.15, which states how payroll record report formats may be procured, is proposed to be retitled and renumbered to new subsection 16401(a). Existing language regarding the acceptance of alternate formats at the discretion of the public entity is proposed to be deleted, and new language is proposed to be added which gives the Labor Commissioner the authority to accept other formats or require the use of DIR Form A-I-131. -16- .~ d - c l640l(b). Words of Certi~tion. o o Existing Section 16207.16, which specifies the words of certification for the payroll reporting form is proposed to be renumbered to new subsection l640l(b), with no changes made to the text. The effect of this proposed Section 16401 will be to notify the public of a change in authority with respect to acceptance of alternate payroll reporting formats. Section 16402. Cost. Existing Section 16207.17, which specifies maximum fees which may be charged by the public entity for furnishing copies of payroll records, is proposed to be retitled and renumbered to new Section 16402. New Section 16402 is proposed to include the contractor and subcontractor as persons providing payroll records. Additional new language is proposed to require that payment for copies be made in advance, to specify the maximum charge, and the form of payment. The effect of this proposed new subsection will be to inform parties requesting payroll records of the fees to be charged for providing this information. Section 16403. Privacy Considerationa. Existing Section 16207.18, which specifies the manner in which the public entity keeps payroll records on file, and how the records are to be furnished to the public, is proposed to be renumbered to new Section 16403. New language is proposed to be added to indicate that private information pertaining to each employee shall be obliterated so that the employee cannot be identified. The effect of the proposed changes will be to clearly atate that other private identifying information pertaining to each employee, in addition to name, address, and social security number, will be obliterated on copies provided to the public. -17- . ., & i o 711 o o o 7. Article 7. Severability. It is proposed to adopt new Article 7. Severability. Section Ib500. Severability. lxisting Section Ibl07.1~, which holds that each section of the regulations is separate, and will remain in effect in the event other sections are determined to be invalid, is proposed to be renumbered to new Section 105UU. The text regarding costs to local school districts is proposed to be repealed, as it Is a cost disclaimer that should not have been in the existing text. ~o effect on the regulated public. R. T. Rinaldi, 4- /I~ p,sr Date -111- o o L/SK:lz 85 05 093 MAY 1 5 1985 Decision BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of General Telephone ) Company of California, a corporation, ) for authority to increase certain ) intrastate rates and charges for ) telephone services. ) ) ) And Related Matter. ) ) ) In the Matter of the Application of ) THE PACIFIC TELEPHONE AND TELEGRAPH ) COMPANY, a corporation, for authority ) to increase certain intrastate rates ) and charges applicable to telephone ) services furnished within the State ) of California. ) ) ) ) ) ) And Related Matters. ) ) ) ) ) ) ) o .:> REer:"::.' ::.} '85 Wi' 21 P,8 :(12 Application 63-01-02 (Filed July 1, 1963) OIl 63-08-02 (filed August 3, 1963) Application 63-01-22 (Filed January 11, 1963; amended October 10 and October 11, 196~) OIl 6':l-0~-02 (Filed April 20, 1963) Application 63-06-65 (Filed June 30, 1963) (I&S) Case 63-11-01 (Filed November 22, 1963 Application 6~-06-051 (Filed June 19, 196~) ORDER MODIFYING AND DENYING REHEARING OF DECISION (D.) 85-03-0~2 An Application for rehearing of D.65-03-0~2 has been filed by Toward Utility Rate Normalization (TURN). Also, AT&T Communications of California, Inc. (AT&T-Cal) has petitioned for modification. General Telephone Company of California (General) and 1 rl o ^ A. 83-07-02, 011 83-08-0~t al. L/SK: 0 o Pacific Bell (PacBell) have filed responses in opposition to various arguments made in TURN's application. Also, several smaller local telephone companies, including Continental Telephone Company of California and CP National Corporation, have joined in requesting an extension of time to comment on whether the attrition methodology adopted in D.85-03-042 is appropriate in all respects for these smaller utilities. We have considered the legal and policy arguments advanced by TURN and ~y AT&T-Cal, and have determined that no good cause for r~hea~ing i~ shm!~. w~ ~~, however, correct the typographical error noted by TURN, and also grant the 30-day extension for comment as to all of the smaller local telephone companies. Therefore, IT IS ORDERED that D.85-03-042 be modified as follows: 1. Conclusions of law 1 and 2 are modified to indicate that PacBell's billing surcharge is contained in Appendix D. and General's billing surcharge is contained in Appendix C. 2. Ordering paragraph 4, second sentence, is modified to read: "Other smaller utilities may file no later than June 5, 1985, as a pleading in these proceedings, comments on whether the Attrition Adjustment Mechanism in Appendix B should apply to them; Public Staff may respond 30 days thereafter." IT IS FURTHER ORDERED that rehearing or modification of D.85-03-043, except as herein ordered, is denied. This order is effective today. Dated HAY 15 1~':'_,... at San Francisco, California. I abstain on the portion regarding access charges. PRISCILLA C. GREW Coaaissioner DONALD VIAL President VICTOR CALVO PRISCILLA C GREW FREDERICK R. DUDA CllIIUIIiallionerll 2 Commissioner William T. Bagley being necessarily absent. did not participate.